Documents/Downloads

Guidance issued under Section 182 of the Licensing Act 2003 - Revised 2007 [1.3Mb]

Gambling Act 2005 [919kb]

IOS Gambling Statement of Principles [196kb]

IOS Draft Licensing Policy 2007 [2.3Mb]

Licensing Act 2003 [736kb]

LICENSING AND GAMBLING

As explained in the Guidance issued under section 182 of the Licensing Act 2003 and Section 25 of the Gambling Act 2005, public bodies must be fully notified of applications and are entitled to make representations to the licensing authority in relation to the application for the grant, variation or review of a premises licence.

Licensing Act 2003

All representations made by responsible authorities are relevant if they concern the effect of the application on the licensing objectives. For all premises, these include any body that represents those who are responsible for, or interested in, matters relating to the protection of children from harm/exploitation and is recognised by the licensing authority for that area as being competent to advise it on such matters. For Cornwall & Isles of Scilly, this is the Local Safeguarding Children Board.

Applications for premises licences have to be copied to the responsible authorities by the applicant in order for them to make any representations they think are relevant.

Under the Licensing Act 2003 one of the 4 licensing objectives is for "the protection of children from harm" and under the Gambling Act 2005 one of the 3 licensing objectives is "protecting children and other vulnerable persons from being harmed or exploited by gambling".

The Local Safeguarding Children Board has been designated as a responsible authority under Section 13 (4)(f) of the Licensing Act 2003 and under Section 157 (h) of the Gambling Act 2005 as a body competent to advise the licensing authority on matters relating to the protection of children from harm.

Responsible authorities on receipt of an application for a premises licence, may make representation to that application with regard to the relevant licensing objective(s).  In the case of LSCB, the assessment process is undertaken by an assessor representative from the Children, Schools and Families Directorate within each of the three licensing districts in the county (East, Mid and West) If there are child protection issues then they should make representation to the relevant licensing authority within 28 days of the date of the application was duly made (i.e. complete).  (Note: Interested parties are notified through public notices and they may also make representation in relation to the licensing objectives).

On making representation responsible authorities, or their representatives, should indicate measures/conditions they require to be placed on the licence if granted as applied for.

If matters remain unresolved then a full public hearing is convened where a licensing sub-committee  must determine the licence (grant/reject/modify).  All conditions must be necessary, reasonable and proportionate in order to promote the licensing objectives and each application must be treated on its own individual merits.